Lutz v. Lutz
New York Supreme Court
Appeal from judgment on report of referee. Action for a divorce by Kate P. Lutz against Alexander Lutz. Defendant appeals from a judgment granting a limited divorce, with alimony, on the grounds of cruel and inhuman treatment. For order denying motion to dismiss, see 8 M. T. Supp. 982, mem.
1Opinion of the CourtVan Brunt, P. J.
The questions presented upon this appeal are questions of fact, which depend upon the credibility to be given to the witnesses who have testified upon the trial. The judgment of the referee in respect to the credibility of witnesses who have been examined personally before him should not be lightly disturbed, in view of the fact that he has the advantage of the personal attendance of the witnesses, and has been enabled to judge, by their demeanor and manner of testifying, much in respect to their credibility. I have read the testimony appearing upon the record; and, although I have *859come to…
Also in this document: Concurrence.
2Cited by8 opinions
- Atherton v. AthertonNew York Supreme Court · 1894
- Morris v. MorrisNew York Supreme Court · 1919
- Bergman v. BergmanNew York Supreme Court · 1930
- Weaver v. WeaverAppellate Division of the Supreme Court of the State of New York · 1902
- Fowler v. FowlerNew York Supreme Court · 1890
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